Sushil Kumar @ Sushil Kumar Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22936 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- GHOGHARDIHA District- Madhubani ====================================================== SUSHIL KUMAR @ SUSHIL KUMAR KAMAT Son of Ram Kumar Kamat Resident of Village - Kalipur, P.S. - Phulparas, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jidtendra Kumar Bharti Ms.Kumari Shubham For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and Sri B.N. Pandey, learned APP for the State.
Petitioner seeks bail in connection with Ghoghardiha P.S. Case no. 136 of 2020 registered for the offence punishable under sections 458, 382 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is in custody since 12.9.2020, is person with clean antecedent and charge sheet has been submitted. Learned counsel for the petitioner submits that the informant alleges that he was living in Kolkata and got information from his villager that his mother who was living alone in the village was killed in course of theft in the house. Learned counsel submits that admittedly no one has seen the occurrence and it was during the course of investigation that the petitioner and Devendra Kamat were arrested and the petitioner was also with him.
Patna High Court CR. MISC. No.22936 of 2021(3) dt.16-12-2021 2/2 Learned counsel submits that Devendra Kamat in his confessional statement accepted his guilt and stated that he killed the victim by keeping pillow on her face and pressing it, the petitioner also confessed his guilt and stated that he participated in the occurrence with Devendra Kamat and held the leg of the deceased. Learned counsel submits that Devendra Kamat @ Devendra Kumar @ Chhotu has been granted bail vide order dated 22.11.2021 in Cr. Misc. no. 27335/2021.
Sri B.N. Pandey, learned APP vehemently opposes the prayer for bail and submits that deceased being an old lady was living in village alone and the petitioner and Devendra Kamat killed the deceased but very fairly submits that Devendra Kamat in his confessional statement has accepted his guilt. Considering the facts that petitioner is in jail custody, is person with clean antecedent and charge sheet has been submitted, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, Jhanjharpur District Madhubani in Sessions trial no. 123/2020 arising out of Ghoghardiha P.S. Case no. 136 of 2020. (Satyavrat Verma, J) s.hassan/- U T